§ 76-17-401 — Definitions.

As used in this part:
(1) (1)(a) "Enterprise" means an individual, sole proprietorship, partnership, corporation, business trust, association, or other legal entity, and a union or group of individuals associated in fact although not a legal entity.
(1)(b) "Enterprise" includes illicit as well as licit entities.
(2) "Pattern of unlawful activity" means engaging in conduct that constitutes the commission of at least three episodes of unlawful activity, which episodes are not isolated, but have the same or similar purposes, results, participants, victims, or methods of commission, or otherwise are interrelated by distinguishing characteristics. Taken together, the episodes shall demonstrate continuing unlawful conduct and be related either to each other or to the enterprise. At least one of the episodes comprising a pattern of unlawful activity shall have occurred after July 31, 1981. The most recent act constituting part of a pattern of unlawful activity as defined by this part shall have occurred within five years of the commission of the next preceding act alleged as part of the pattern.
(3) "Person" includes an individual or entity capable of holding a legal or beneficial interest in property, including state, county, and local governmental entities.
(4) "Unlawful activity" means to directly engage in conduct or to solicit, request, command, encourage, or intentionally aid another person to engage in conduct that would constitute an offense described by the following crimes or categories of crimes, or to attempt or conspire to engage in an act that would constitute any of those offenses, regardless of whether the act is in fact charged or indicted by an authority or is classified as a misdemeanor or a felony:
(4)(a) an act prohibited by the criminal provisions under Title 13, Chapter 10, Unauthorized Recording Practices Act;
(4)(b) an act prohibited by the criminal provisions under Title 19, Environmental Quality Code, Sections 19-1-101 through 19-7-109;
(4)(c) taking, destroying, or possessing wildlife or parts of wildlife for the primary purpose of sale, trade, or other pecuniary gain under Title 23A, Wildlife Resources Act, or Section 23A-5-311;
(4)(d) false claims for medical benefits, kickbacks, or other acts prohibited under Title 26B, Chapter 3, Part 11, Utah False Claims Act, Sections 26B-3-1101 through 26B-3-1112;
(4)(e) an act prohibited by the criminal provisions under Title 32B, Chapter 4, Criminal Offenses and Procedure Act;
(4)(f) unlawful marking of pistol or revolver under Section 53-5a-105;
(4)(g) alteration of number or mark on pistol or revolver under Section 53-5a-106;
(4)(h) an act prohibited by the criminal provisions under Title 57, Chapter 11, Utah Uniform Land Sales Practices Act;
(4)(i) an act prohibited by the criminal provisions under Title 58, Chapter 37, Utah Controlled Substances Act, or Title 58, Chapter 37b, Imitation Controlled Substances Act, Title 58, Chapter 37c, Utah Controlled Substance Precursor Act, or Title 58, Chapter 37d, Clandestine Drug Lab Act;
(4)(j) an act prohibited by the criminal provisions under Title 61, Chapter 1, Utah Uniform Securities Act;
(4)(k) an act prohibited by the criminal provisions under Title 63G, Chapter 6a, Utah Procurement Code;
(4)(l) assault under Section 76-5-102;
(4)(m) aggravated assault under Section 76-5-103;
(4)(n) a threat of terrorism under Section 76-5-107.3;
(4)(o) a criminal homicide offense under Section 76-5-201;
(4)(p) kidnapping under Section 76-5-301;
(4)(q) aggravated kidnapping under Section 76-5-302;
(4)(r) human trafficking for labor under Section 76-5-308;
(4)(s) human trafficking for sexual exploitation under Section 76-5-308.1;
(4)(t) human smuggling under Section 76-5-308.3;
(4)(u) human trafficking of a child under Section76-5-308.5;
(4)(v) benefiting from trafficking and human smuggling under Section 76-5-309;
(4)(w) aggravated human trafficking under Section 76-5-310;
(4)(x) sexual exploitation of a minor under Section 76-5b-201;
(4)(y) aggravated sexual exploitation of a minor under Section 76-5b-201.1;
(4)(z) sexual extortion under Section 76-5b-204;
(4)(aa) arson under Section 76-6-102;
(4)(bb) aggravated arson under Section76-6-103;
(4)(cc) causing a catastrophe under Section 76-6-105;
(4)(dd) burglary under Section 76-6-202;
(4)(ee) aggravated burglary under Section 76-6-203;
(4)(ff) burglary of a vehicle under Section 76-6-204;
(4)(gg) manufacture or possession of an instrument for burglary or theft under Section 76-6-205;
(4)(hh) robbery under Section 76-6-301;
(4)(ii) aggravated robbery under Section 76-6-302;
(4)(jj) theft under Section 76-6-404;
(4)(kk) theft by deception under Section 76-6-405;
(4)(ll) theft by extortion under Section 76-6-406;
(4)(mm) receiving stolen property under Section 76-6-408;
(4)(nn) theft of services under Section 76-6-409;
(4)(oo) forgery under Section 76-6-501;
(4)(pp) unlawful use of financial transaction card under Section 76-6-506.2;
(4)(qq) unlawful acquisition, possession, or transfer of financial transaction card under Section 76-6-506.3;
(4)(rr) financial transaction card offenses under Section 76-6-506.6;
(4)(ss) deceptive business practices under Section 76-6-507;
(4)(tt) bribery or receiving bribe by person in the business of selection, appraisal, or criticism of goods under Section 76-6-508;
(4)(uu) bribery of a labor official under Section 76-6-509;
(4)(vv) defrauding creditors under Section 76-6-511;
(4)(ww) acceptance of deposit by insolvent financial institution under Section 76-6-512;
(4)(xx) unlawful dealing with property by fiduciary under Section 76-6-513;
(4)(yy) unlawful influence of a contest under Section 76-6-514;
(4)(zz) making a false credit report under Section 76-6-517;
(4)(aaa) criminal simulation under Section 76-6-518;
(4)(bbb) criminal usury under Section 76-6-520;
(4)(ccc) insurance fraud under Section 76-6-521;
(4)(ddd) retail theft under Section 76-6-602;
(4)(eee) computer crimes under Section 76-6-703;
(4)(fff) identity fraud under Section 76-6-1102;
(4)(ggg) mortgage fraud under Section 76-6-1203;
(4)(hhh) sale of a child under Section 76-7-203;
(4)(iii) bribery or offering a bribe under Section 76-8-103;
(4)(jjj) threat to influence official or political action under Section 76-8-104;
(4)(kkk) receiving bribe or bribery by public servant under Section 76-8-105;
(4)(lll) receiving bribe for endorsement of person as a public servant under Section 76-8-106;
(4)(mmm) bribery for endorsement of person as public servant under Section 76-8-106.1;
(4)(nnn) official misconduct based on unauthorized act or failure of duty under Section 76-8-201;
(4)(ooo) official misconduct concerning inside information under Section 76-8-202;
(4)(ppp) obstruction of justice in a criminal investigation or proceeding under Section 76-8-306;
(4)(qqq) acceptance of bribe or bribery to prevent criminal prosecution under Section 76-8-308;
(4)(rrr) harboring or concealing offender who has escaped from official custody under Section 76-8-309.2;
(4)(sss) making a false or inconsistent material statement under Section 76-8-502;
(4)(ttt) making a false or inconsistent statement under Section 76-8-503;
(4)(uuu) making a written false statement under Section 76-8-504;
(4)(vvv) tampering with a witness under Section 76-8-508;
(4)(www) retaliation against a witness, victim, or informant under Section 76-8-508.3;
(4)(xxx) receiving or soliciting a bribe as a witness under Section 76-8-508.7;
(4)(yyy) extortion or bribery to dismiss a criminal proceeding under Section 76-8-509;
(4)(zzz) tampering with evidence under Section 76-8-510.5;
(4)(aaaa) falsification or alteration of a government record under Section 76-8-511, if the record is a record described in Title 20A, Election Code, or Title 36, Chapter 11, Lobbyist Disclosure and Regulation Act;
(4)(bbbb) public assistance fraud by an applicant for public assistance under Section 76-8-1203.1;
(4)(cccc) public assistance fraud by a recipient of public assistance under Section 76-8-1203.3;
(4)(dddd) public assistance fraud by a provider under Section 76-8-1203.5;
(4)(eeee) fraudulently misappropriating public assistance funds under Section 76-8-1203.7;
(4)(ffff) false statement to obtain or increase unemployment compensation under Section 76-8-1301;
(4)(gggg) false statement to prevent or reduce unemployment compensation or liability under Section 76-8-1302;
(4)(hhhh) unlawful failure to comply with Employment Security Act requirements under Section 76-8-1303;
(4)(iiii) unlawful use or disclosure of employment information under Section 76-8-1304;
(4)(jjjj) intentionally or knowingly causing one animal to fight with another under Subsection 76-13-202(2)(d) or (3), or Section 76-13-205 or 76-13-206 concerning dog fighting;
(4)(kkkk) soliciting, recruiting, enticing, or intimidating a minor to join a criminal street gang under Section 76-9-803;
(4)(llll) aggravated soliciting, recruiting, enticing, or intimidating a minor to join a criminal street gang under Section 76-9-803.1;
(4)(mmmm) intimidating a minor to remain in a criminal street gang under Section 76-9-803.2;
(4)(nnnn) aggravated intimidating a minor to remain in a criminal street gang under Section 76-9-803.3;
(4)(oooo) unlawful conduct involving an explosive, chemical, or incendiary device under Section 76-15-210;
(4)(pppp) unlawful conduct involving an explosive, chemical, or incendiary part under Section 76-15-211;
(4)(qqqq) unlawful delivery or mailing of an explosive, chemical, or incendiary device under Section 76-15-209;
(4)(rrrr) forging or counterfeiting trademarks, trade name, or trade device under Section 76-16-302;
(4)(ssss) selling goods under counterfeited trademark, trade name, or trade devices under Section 76-16-303;
(4)(tttt) sales in containers bearing registered trademark of substituted articles under Section 76-16-304;
(4)(uuuu) selling or dealing with article bearing registered trademark or service mark with intent to defraud under Section 76-16-306;
(4)(vvvv) participating in gambling under Section 76-9-1402;
(4)(wwww) permitting gambling under Section 76-9-1403;
(4)(xxxx) online gambling prohibition under Section 76-9-1404;
(4)(yyyy) gambling promotion under Section 76-9-1405;
(4)(zzzz) gambling fraud under Section 76-9-1406;
(4)(aaaaa) possessing a gambling device or record under Section 76-9-1407;
(4)(bbbbb) obtaining a benefit from a confidence game under Section 76-9-1410;
(4)(ccccc) distributing pornographic material under Section 76-5c-202;
(4)(ddddd) aiding or abetting a minor in distributing pornographic material under Section 76-5c-203;
(4)(eeeee) inducing acceptance of pornographic material under Section 76-5c-204;
(4)(fffff) distributing material harmful to minors under Section 76-5c-205;
(4)(ggggg) aiding or abetting a minor in distributing material harmful to minors under Section 76-5c-206;
(4)(hhhhh) distribution of a pornographic file for exhibition under Section 76-5c-305;
(4)(iiiii) indecent public display in the presence of a minor under Section 76-5c-207;
(4)(jjjjj) engaging in prostitution under Section 76-5d-202;
(4)(kkkkk) aiding prostitution under Section 76-5d-206;
(4)(lllll) exploiting prostitution under Section 76-5d-207;
(4)(mmmmm) aggravated exploitation of prostitution under Section 76-5d-208;
(4)(nnnnn) communications fraud under Section 76-6-525;
(4)(ooooo) possession of a dangerous weapon with criminal intent under Section 76-11-208;
(4)(ppppp) an act prohibited by the criminal provisions of Chapter 9, Part 16, Money Laundering and Currency Transaction Reporting;
(4)(qqqqq) vehicle compartment for contraband under Section 76-9-1902 or 76-9-1903;
(4)(rrrrr) an act prohibited by the criminal provisions of the laws governing taxation in this state; or
(4)(sssss) an act illegal under the laws of the United States and enumerated in 18 U.S.C. Secs. 1961(1)(B), (C), and (D).

Legislative History

Renumbered and Amended by Chapter 173, 2025 General Session